Council Meeting - February 04, 2025
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency convened at 5:30 p.m. in the Council Chambers at 4845 Casa Loma Avenue.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
CITY COUNCIL/SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION Government Code Section 54956.9(d)(2) (5 Cases)
B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Government Code Section 54956.9(d)(1) (1 Case)
Name of Case: Sophia Fitkowski vs. City of Yorba Linda
Case Number: CIV SB 232907, Superior Court, County of San Bernardino
PUBLIC COMMENT ON CLOSED SESSION ITEMS
None.
CONVENE INTO CLOSED SESSION
The City Council convened into Closed Session at 5:31 p.m.
RECESS
CALL TO ORDER
The City Council/Successor Agency to the Yorba Linda Redevelopment Agency, Yorba Linda Housing Authority and Yorba Linda Municipal Financing Authority reconvened at 6:32 p.m. in the Council Chambers at 4845 Casa Loma Avenue, Yorba Linda.
ROLL CALL
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Carlos Rodriguez
INVOCATION
Pastor Anne-Grethe Krogh Nielsen, The Danish Lutheran Church & Cultural Center
CLOSED SESSION REPORT
City Attorney Todd Litfin said there was no reportable action.
INTRODUCTIONS & PRESENTATIONS
RECOGNITION OF POP WARNER FOOTBALL 12U COLTS
Mayor Janice Lim invited Coach Zaha and the team to the podium. She said the Yorba Linda Pop Warner 12U Colts began in July with 6:00 a.m. workouts that tested player commitment and discipline. The team secured a spot in Division II for Nationals and despite starting with a strong performance defeating Connecticut 32-6, they fell short and secured a commendable third place in Nationals Division II. Council congratulated the team for a strong performance and presented each player with a certificate of recognition.
They also received certificates from the offices of Supervisor Don Wagner, Congresswoman Young Kim, Senator Kelly Seyarto, and Assemblyman Phillip Chen.
PROCLAMATION RECOGNIZING NATIONAL BURN AWARENESS WEEK 2025 Mayor Lim invited Orange County Fire Authority Battalion Chief Reid Gibson to the podium and presented him with a proclamation recognizing February 2 - 8, 2025 as National Burn Awareness Week. She said approximately every 60 seconds, someone in the U.S. sustains a burn injury serious enough to require treatment, residents can take personal steps to increase their safety from fire, especially in their homes. She said the theme "Burn Prevention Where You Live, Work, and Play - Preventing Burns in the Homes" serves as a reminder to educate everyone about the important actions one can take to keep themselves and others safe.
Chief Gibson thanked Council for the proclamation.
INTRODUCTION OF NEW STAFF MEMBER OFFICE ASSISTANT II YASENIA RICCIO City Manager Mark Pulone introduced Yasenia Riccio, the newest member of the City's Building Division. He said she will provide clerical support, maintain office records and assist with departmental needs. Yasenia holds a Bachelor of Fine Arts degree from Liberty University and previously worked for the cities of Fontana, Chino Hills and Chino. When not at work, she enjoys spending time with her husband and their dog.
Council welcomed Yasenia to the team!
WITH HOPE, THE AMBER CRAIG MEMORIAL FOUNDATION PRESENTATION BY PASTOR KEN SCHEMMER Mayor Lim invited Pastor Ken Schemmer to the podium who spoke about The Amber Craig Memorial Foundation, With Hope. He provided a presentation on the organization and said 20% of youth age 12-17 have major depression and most do not receive mental health treatment. He spoke of the symptoms of depression, signs for suicide and the impact With Hope has had in the community.
Mayor Lim requested to move Item No. 10, Other Business up on the agenda as it is related to this presentation.
OTHER BUSINESS ITEM NO. 10 WAS TAKEN AT THIS TIME BUT PRESENTED IN ITS RESPECTIVE PLACE ON THE AGENDA
PUBLIC COMMENTS – ITEMS ON THE CONSENT CALENDAR OR ITEMS NOT ON THE REMAINDER OF THE AGENDA Richard de Bruijn, resident, said the Santa Ana School District is being forced to lay off several teachers due to debt. He questioned if it could be due to pension obligations. He spoke about pensions and the City's unfunded retirement plan and suggested that once caught up with unfunded obligations, the City can consider 401Ks like the private industry.
Adnan Naqvi, resident, said he planned on speaking at the Traffic Commission but due to scheduling, he wanted to discuss his traffic concerns with Council. He said his son passed away in an accident approximately a year ago and a memo that was posted on the website regarding the accident has discrepancies. He requested the discrepancies be addressed and the memo removed from the website.
Eileen Meinhardt, resident, spoke about the weed abatement noncompliance for the property located at 4082 Valley View. She said the current weed abatement process that the City follows is too lengthy, increasing the risk of fire and the nonrenewal of homeowners insurance.
CONSENT CALENDAR
Councilman Shivinder Singh requested to pull Item No. 6 and Councilwoman Tara Campbell requested to pull Item No. 7 from the Consent Calendar.
Moved by
Huang
Seconded by
Campbell
It is recommended that the City Council approve the Consent Calendar with the exception of Item Nos. 6 and 7.
1. WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS ON THE AGENDA It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency waive reading in full of all ordinances and resolutions on the agenda and declare that said titles which appear on the public agenda shall be determined to have been read by title and further reading waived.
2. ACCOUNTS PAYABLE CHECK REGISTER – FEBRUARY 4, 2025
1. AP Check Register 2-4-25 - CC-FIN-25-007.pdf
2. Attachment 1 - AP Check Register 2-4-25.pdf
It is recommended that the City Council receive and file the accounts payable check register and wire transfer report dated February 4, 2025, in the amount of $12,579,929.88.
3. APPROVAL OF THE MINUTES OF THE JANUARY 13, 2025 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY SPECIAL MEETING
1. Post-Meeting Minutes - CC SPC_Jan13_2025 - English.pdf It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the January 13, 2025 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint special meeting.
4. APPROVAL OF THE MINUTES OF THE JANUARY 21, 2025 CITY COUNCIL / SUCCESSOR AGENCY TO THE YORBA LINDA REDEVELOPMENT AGENCY MEETING
1. Post-Meeting Minutes - CC_Jan21_2025 - English.pdf
It is recommended that the City Council/Successor Agency to the Yorba Linda Redevelopment Agency approve the minutes of the January 21, 2025 City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting.
5. AMEND THE FISCAL YEAR 2023-2024 ANNUAL PAVEMENT PRESERVATION PROJECT PROFESSIONAL SERVICES AGREEMENTS WITH FOUNTAINHEAD FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES AND WITH NINYO & MOORE FOR GEOTECHNICAL/MATERIALS TESTING SERVICES
1. FY23-24 APPP Amendment - Fountainhead, Ninyo and Moore - CC-PW-25-003.pdf
2. Attachment 1 - Fountainhead Amendment.pdf
3. Attachment 2 - Ninyo and Moore Amendment.pdf
It is recommended that the City Council: 1.) Amend the Professional Services Agreement with Fountainhead Consulting Corporation (Fountainhead) in the amount of $20,000 to provide additional Construction Management and Inspection Services; and 2.) Amend the Professional Services Agreement with Ninyo & Moore Geotechnical and Environmental Services Consultants (Ninyo & Moore) in the amount of $10,258 to provide additional Geotechnical and Materials Testing Services.
8. DENIAL OF CLAIM FOR DAMAGES- MINA GILL, ALBERTO ALVA AND SETTLEMENT AUTHORITY FOR SCOTT NORMINTON
1. Denial of Claim - A. Avila, M. Gill, Settlement Req for S. Norminton - CC-ADM-25-009.pdf It is recommended that the City Council of the City of Yorba Linda deny the claims for damages filed by Mina Gill and Alberto Alva and settle the claim for damages filed by Scott Norminton.
9. COUNCIL COMMITTEE AND AGENCY REPORTS
1. Committee and Agency Reports - CC-ADM-25-008.pdf
2. Attachment 1 - Reports from CC Organizations.pdf
It is recommended that the City Council receive and file this report.
6. TERMS OF EMPLOYMENT FOR MISCELLANEOUS EMPLOYEES
1. Terms of Employment for Misc. Employees - CC-ADM-25-007.pdf
2. Attachment 1 - Resolution No. 2025-5928.pdf
3. Attachment 2 - Misc Letter of Understanding.pdf
Councilman Singh asked staff if this is a request made by a bargaining unit and asked for the status of the other bargaining units. City Manager Pulone said this item was based on a request from one of the City's bargaining units and previously through other negotiations, the other bargaining units voted to transition to general leave rather than separate vacation and sick accruals. He said this would put all of the employees in the same category and stressed it is voluntary and will be up to the employees to determine if they wish to have general leave. City Manager Pulone said all newly hired employees will have general leave.
Moved by
Singh
Seconded by
Campbell
It is recommended that the City Council adopt Resolution No. 2025-5928 relating to the terms of employment for Miscellaneous employees.
AYES (5)
Rodriguez, Campbell, Huang, Singh, and Lim
CARRIED (5 to 0)
7. DEMOLITION PERMIT REQUEST FOR 5116 LOS ALTOS DRIVE
1. Demolition Permit 5116 Los Altos Dr - CC-CD-25-004.pdf
2. Attachment 1 - Applicants Demo Req. Ltr.pdf
3. Attachment 2 - Demo Plan Proposal.pdf
4. Attachment 3 - Aerial Photograph.pdf
5. Attachment 4 - Front Elevation.pdf
Councilwoman Campbell said the staff report did not specify what the property owners plan to do once the property is demolished and inquired with the applicant what those plans are.
Erin Vogel, resident, said she has lived on Los Altos Drive for several years and the neighboring property at 5116 has always been a nuisance and sat vacant. She purchased the property once she could and plans to rebuild and improve the property to attract good buyers who would enjoy living in the neighborhood.
Councilwoman Campbell asked staff to include property plans post-demolition in future reports. Community Development Director Nate Farnsworth indicated that Building Official Jeff McIver recently updated the demolition application to require the applicant to disclose intentions and plans for the property.
Moved by
Campbell
Seconded by
Singh
It is recommended that City Council approve the demolition permit request for 5116 Los Altos Drive.
AYES (5)
Rodriguez, Campbell, Huang, Singh, and Lim
CARRIED (5 to 0)
CITY MANAGER’S REPORT/MAYOR’S REPORT/MATTERS PRESENTED BY COUNCILMEMBERS/ OTHER AGENCY REPORTS City Manager Pulone responded to the comments made by Mr. de Bruijn and said the pension formulas for each agency are different so he cannot address other agencies. He said Yorba Linda adopted a more modest retirement formula compared to some agencies. However, he said PEPRA was adopted by the State and made the retirement formula for agencies more solvent on a go-forward. He said long term, this will help the City significantly. He said there are pros and cons to changing from a defined benefit plan to a defined contribution plan and said it wouldn't necessarily save the City money. City Attorney Litfin and Finance Director Sunny Han said the cost to withdraw from CalPERS is significantly more expensive and the costs must be paid upfront. He responded to the comments by Ms. Meinhhardt and spoke about the City's weed abatement program and efforts to keep the community as safe as possible. He said there are notice requirements that prohibit the City from abating a property quickly. And concerning the comments made by Mr. Naqvi, he said he does not see a problem with the City removing the memo from the website.
Councilman Singh spoke of two workshops that he attended for newly elected officials, one by the League of California Cities and another from the ACC-OC. He attended the celebration of the Lunar New Year at the Richard Nixon Presidential Library and Museum and the Miss Placentia / Yorba Linda Pageant with some of his Council colleagues. He attended two ribbon-cutting ceremonies, one for The Palms Barber & Co. and Coldwell Banker Realty.
Councilwoman Campbell asked for an update on 4802 Valley View's weed abatement. Director Farnsworth said this item will be noticed for a public hearing at the next City Council meeting. Once it is determined that the property is a public nuisance, staff's recommendation will be to place a lien on the property.
Councilwoman Peggy Huang echoed the comments made by Councilwoman Campbell and said Council is very proactive and encouraged residents to contact them with their concerns. She reminded the community to protect themselves from mosquitos and said the Orange County Vector Control report is included in Item No. 9. She concluded by expressing her enthusiasm for being selected to serve on the SCAG CEHD ( Community, Economic and Human Development)
Committee.
Mayor Pro Tem Rodriguez expressed his gratitude for the update on 4802 Valley View and the City's weed abatement process.
Mayor Lim said there has been a downtrend of e-bikes on the streets. She said to ensure the safety of all residents, Yorba Linda Police Services will be hosting a second community e-bike safety presentation this Thursday, February 6, from 6 to 8:00 p.m., at the Yorba Linda Community Center. An e-bike safety informative video can be found on the City’s website at yorbalindaca.gov/e-bikes. Mayor Lim said Adventure Playground has officially reopened after winter maintenance and water features will open back up in the spring. To help manage weekend visits, reservations are required on Saturdays and Sundays, and are not required Monday through Friday. She said reservations are free and can be made online. Mayor Lim concluded her comments by announcing that Southern California Edison (SCE) will be conducting aerial inspections in the eastern and northwestern end of Yorba Linda using drones and helicopters as part of their wildfire prevention and mitigation program over the next few weeks. The inspections are to help ensure electrical equipment on poles and towers are operating safely and that lines are clear to reduce the threat of wildfires. She said residents can expect to hear or see helicopters and drones, with inspections taking approximately 30 to 60 minutes per pole or tower. Residents with questions can contact SCE at 800-655-4555 or visit the latest news on the City’s website.
OTHER BUSINESS
10. CONSIDERATION OF REQUEST FOR CITY TO SPONSOR 5K WALK/RUN WITH HOPE (LIM)
1. Sponsor 5K Walk Run With Hope 2-5-24 (Lim).pdf
Mayor Lim asked her colleagues if they could consider a Silver Sponsorship level of $2,500.
Councilwoman Tara Campbell spoke highly of With Hope and said she thinks favorably of the foundation, however, in terms of a policy standpoint, there are a lot of organizations that have asked for City sponsorship and she questioned where the City draws the line in consideration of taxpayer dollars. A lengthy conversation ensued among Council regarding sponsorship policy and this being a public health matter. Council also discussed the Miss Placentia / Yorba Linda Pageant and reconsideration of sponsorship in the future.
Kim Brown, With Hope Volunteer, said the organization pays the City approximately $8,000 to hold the event in the City and said the sponsorship could help offset some of those City fees.
Council requested to continue this item to allow for discussion with the organization and consider a policy.
Moved by
Huang
Seconded by
Rodriguez
It is recommended that the City Council consider this item at the February 18, 2025 Council Meeting.
AYES (5)
Rodriguez, Campbell, Huang, Singh, and Lim
CARRIED (5 to 0)
ADJOURNMENT
Mayor Lim adjourned the meeting in honor of former Planning Commissioner Carl Boznanski at 8:02 p.m. to the next regularly scheduled City Council/Successor Agency to the Yorba Linda Redevelopment Agency joint meeting on February 18, 2025.